RADHEYSHYAM S/O MOHAN LAL JI KALIYA Vs. M/S NAHAR BROTHERS
LAWS(RAJ)-2017-8-155
HIGH COURT OF RAJASTHAN
Decided on August 08,2017

Radheyshyam S/O Mohan Lal Ji Kaliya Appellant
VERSUS
M/S Nahar Brothers Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal is directed against the judgment and award dated 29.11.2000 passed by the Motor Accident Claims Tribunal, Gulabpura, Bhilwara ('the Tribunal'), whereby the Tribunal has awarded a sum of Rs. 1,52,000/- as compensation alongwith interest @ 12% per annum from the date of application i.e. 15.4.1998.
(2.) The application for compensation under Section 163A of the Motor Vehicles Act, 1988 ('the Act') was filed by the claimants parents and brother of deceased - Satyanarayan with the averments that the deceased was riding on motorcycle on the date of accident on Bhilwara Ajmer Main Road when the offending vehicle - truck, which was being driven rashly and negligently, struck the motorcycle resulting in Satyanarayan suffering grievous injured to which he succumbed. It was claimed that deceased was earning Rs. 3,500/- per month while working with the Amit Agro Traders at Gulabpura and based on the said averments, a compensation to the tune of Rs. 5,13,700/- was claimed.
(3.) The application for compensation was contested by the Insurance Company. It was contested that the deceased was earning Rs. 3,500/- per month as salary.;


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